'Preserve' opposition remains strong as hearings continue

"This parcel of land is so environmentally sensitive that
nothing should be built on it," said Judy Rothstein of Red Oak Lane
regarding the proposed subdivision known as "The Preserve" now
under review by the Planning Board. Mountainside Development
Association, LLC of Florham Park has proposed to build 16 homes on
118 acres between Roc Etam Road and Mountainside Drive. A total of
83 acres would remain undeveloped and would be deeded to the
township for open space.

The land is owned by ARC Essex Foundation Inc. of
Livingston.

The original plan for the Preserve called for a total of 17
homes, including 14 homes on two cul-de-sacs stemming from the end
of Roc Etam Road and three homes along Mountainside. That has since
been changed to a total of 16 homes with only two on
Mountainside.

Rothstein said she believes so strongly in the need to save the
land from development that she hired an attorney, Tom Germinario,
to represent her in her challenge. Rothstein has joined with Carol
Hoffman of Neben Place, another vocal opponent to the proposed
development.

The Planning Board meetings held to review the developer's
application have been attended by a number of residents in
opposition to the plan.

Prior History

The same developer has received approval for the controversial
Kensington Square housing plan off Sussex Turnpike. A citizens
group challenged the approvals but lost their appeal in Superior
Court recently.

Rothstein said in an interview on Oct. 26 that the township's
Open Space Committee had not taken the necessary steps to acquire
the Preserve property before a developer offered to buy the land
from the ARC.

Sandra Brinker, chair of the open space committee, noted in a
memo on Oct. 15, 2 001 to township planner Chris Hellwig, that the
Preserve property "was identified in 1994 as a priority by the
first open space committee."

Rothstein said Councilman Jon Huston, the council liaison member
of the open space committee, had previously assured her the
township would try to buy the land.

According to Rothstein, there have been two differing opinions
in the township as to which properties required immediate action
and which could wait.

One opinion is that the primary targets for acquisition should
be properties that had the highest potential for development, while
those deemed environmentally sensitive with large wetlands and
steeps slopes could wait because they would be less lucrative to a
developer. The other opinion is that the environmentally sensitive
land should be acquired first.

Huston said on Oct. 26 that the developer offerd to buy the land
before the town ship could act. He also said the former,
Republican-dominated council believed i n trying to first buy land
with the highest potential for development and later purchase
property with environmentally sensitive areas.

"Until the democrats won control of council in the 1999 election
the first opinion predominated," said Huston. "By the time we were
able to address the issue, the Preserve property was already under
contract."

Councilman A.J. Manning, liaison to the Planning Board, said the
township wanted to buy some of the Preserve, "but he wouldn't sell
to them." Manning also said that Greg Hoff, former chair of the
open space committee, had been assured by the ARC that they didn't
intend to sell the tract.

A great deal of concern has been expressed in prior Planning
Board hearings by residents and board members regarding three of
the proposed lots, numbered 14, 15 and 16. As shown on the original
subdivision plan, the three lots would have in fringed on the
wetlands buffer zone. Board members were also concerned with the
location of a detention basin.

At the hearing held in October, Mayor Ann Huber urged the
developer to consider amending his plan to remove one lot and
negate any effect on the wetlands buffer zone. The rest of the
board concurred.

On Oct. 26, the developer filed a new proposal that reduces the
number of dwellings to be built from 17 to 16 and moving one of the
lots from the uphill area be hind Roc Etam to the opposite side of
the property on Mountainside Drive.

"In effect, one lot has been dropped," said Hellwig. "The
original lot on Mountainside will become two lots, and the
remaining lot that was in question has been reconfigured to prevent
any intrusion into the wetlands buffer zone. The detention basis
has also been relocated to the area previously proposed for one of
the building lots that was changed."

At the most recent board meeting on Monday, the question of
ARC's legal ownership of the property was raised and settled.
Rothstein's attorney had raised this question because a search
showed that only a one-half ownership had been conveyed by deed,
and there was no known record as to the owner of the other half
interest.

The applicant's attorney, Glenn Geiger, advised the board that
the half ownership had been transferred to ARC in the form of a
stock transfer donated to Fairways at Preakness Valley Inc., a
company wholly owned by ARC, effectively giving ARC full
ownership.

Township Manager John Lovell testified on Monday that the lot
being relocated to Mountainside Drive would conflict with the
township's planned use of the nearby Granaus property.

Lovell said that if the lot is moved to the eastern corner of
the property along Mountainside, the problem could be resolved.
Lovell said the Granaus property i s a narrow, 10-acre tract that
will connect 150 acres owned by the township to t he open space
being offered by the Preserve developer.

Lovell asked the board to include three conditions, including
that the new lot 1 5 be relocated, the open space land be given to
the township in a feesimple deed, the developer be required to
construct an eight-foot wide trail across the property in
accordance with the same standards the township has used on other
trails, as well as a small parking area for four vehicles at the
trailhead on Mountainside Road.

Geiger questioned his client's ability to comply with
construction of a trail du e to the extensive wetlands and need to
obtain permits from the state Department of Environmental
Protection. It was decided that if approval is given, the developer
would be responsible for all financial costs in construction and
obtaining permits, but that the township would assist with
expertise.

Christopher Richter, the applicant's engineer, said that
although variances were being sought on most of the proposed
building lots, the variances pertained to construction of a new
road, several driveways, and some drainage areas in moderately
sloped areas.

Board member Harry Gerken asked if the need for variances could
be eliminated if the lot sizes were increased. Richter said
increasing lot sizes would remove approximately 20 acres from the
open space area and create a development that would be less
attractive.

Planning board attorney Anne Marie Rizzuto said Carol Hoffman,
an opponent of the development, has filed an appeal with the
Department of Environmental Protection claiming that documents
submitted as part of the developer's application are not
valid.

Rizzuto said that if Hoffman's appeal is successful, any board
approvals would be negated.

The hearing will resume at 8 p.m., Monday, Dec. 3, when public
comment will lead the hearing.

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In recent weeks, Long Hill Township and Watchung Borough passed ordinances allowing their police departments to be able to apply for surplus equipment from the Department of Defense. Long Hill recently procured a Humvee to use in times of flooding, which Watchung states as the reason they are getting into the program. However, in cities around the country, police forces have used the program to obtain military gear, such as weapons and armor.
For more background, go to the link below
http://www.newjerseyhills.com/echoes-sentinel/news/watchung-police-department-hopes-to-receive-equipment-from-department-of/article_12ad002a-92b3-5449-a2cc-4b2cf0ce4339.html